I’m Steve, a friend of wonderful Breezy. She asked to add a little content here, since she likes my thinking sometimes. I am in fact a pot activist and have been for decades, but not exclusively so. You can expect me to have stuff to say about other things here, for example this piece about my trial and conviction for camping on public property during an Occupy rally last October. I apologize that there is a bit of a back story that would be unwieldy to give, but you can find it if you poke around the links some [I’ve discovered these links aren’t here. They are here, if you care to look: .http://hipgnosis21.blogspot.com/2012/08/high-crimes-and-hijinks.html%5D Part of my reason for airing this stuff here is to enable me to refine my own thinking through feedback and questions. I already know I’m an asshole and an idiot so if that’s all you have, start your own page and don’t clutter ours, please.

Below this little intro is a conversation i had with my lawyer, kinda; some stuff i wrote to explain myself to her, and have since edited into near unrecognizability. Had i been able to clarify the whole bit better before the trial things may have been different, but probably not. When i was first arrested in Colorado Springs on 18 October of 2011 for the heinous crime of camping on public property, i figured lawyers from the ACLU or something would swarm me like rats on a dying prisoner in the Bastille. I mean, really– advocates for the homeless have been up in arms for years over these no-camping ordinances, and i did the thing as an “Occupier,” rendering the political motivation for my act as obvious as a drag queen’s Adam’s apple. I thought hard about doing the thing pro se, but when i’ve taken that course in the past i wound up trapped in a paper maze of procedure. So i contacted the National Lawyer’s Guild, (NLG), and they connected me with the one attorney in Colorado Springs hot to take an Occupy case pro bono, Patty Perello.

Almost all the Occupiers involved have argued passionately that our actions, including my setting up a tent in specific violation of Colorado Springs’s “no-camping” ordinance, were protected by our First Amendment free-speech rights. I knew this was futile since the U.S. Supreme Court has already shot that line of thought down, and sorry, but i agree with their reasoning. Though other U.S. municipalities experienced more direct 1st Amendment oppression, we were always free to stand around with signs in Colorado Springs, as the argument goes. Occupying, camping, and even merely sleeping on public land are activities that cut much closer to the quick, as it were, boring through several layers of political patina to make painful and deeply suppressed connections in people’s consciousness, and in some ways tying the bulk of the Occupy message into a tight package.

The business of land use and ownership has been high on my list for years and, i think, key to much of what grieves us.It’s why i write about Henry George sometimes. I hoped to get this point across to Perello, but none of this was ever heard by the jury. Also critical is the troublesome 8th Amendment angle. More stuff silenced by Spottswood Williams.

Anyhow, i’m about to start to say again what i only meant to introduce. Below this is some stuff i wrote to explain myself to Ms. Perello. It’s the gist of what i actually wanted to say in court, but was barred from so doing. I can still explain myself on a street corner or here online if i want to, but not in a courtroom:

With a seemingly inexorable inevitability homelessness–poverty– is becoming criminalized in the United States of America. The phenomenon of Occupy protests brought to light in lurid, graphic terms the country’s sensitivities concerning land use, civil disobedience, liberty, and ideas and expression that make us uncomfortable or seem to threaten our aesthetic and ethical sensibilities. The widespread and oppressive action against Occupy encampments by law enforcement was necessary to maintain the prevailing political logic because it was simply an extension of currently habitual oppression directed toward the very poor, i.e. homeless people. There can be no Occupy permitted, because our “aesthetic” experience may be sullied by those wretches that will surely coat-tail upon any license to physically occupy public space in such an objectionable manner. This may be the essence of why the homeless population is both integral to and alienated from the Occupy phenomenon worldwide, since even many participants don’t get the connection.

The past several years have seen a proliferation of categorical laws designed to harass the homeless. The National Coalition for the Homeless, The National Law Center on Homelessness & Poverty, and The National Homeless Civil Rights Project have produced reports that thoroughly document the national trend to discriminatory law-making, selective enforcement, and generally mean-spirited gestures toward those at the bottom end of society’s economic score sheet. We assert that the attached reports provide an apt description of exactly the sort of directed antagonism toward the very poor embraced by the City of Colorado Springs when it so carefully worded its ordinance to allow the pursuit of the homeless while slithering around the spirit of the Constitution. While we understand that protestation and occupation are not necessarily the same, the congruences with the Occupy protests rendered problems with the City’s “no-camping ordinance” germane, and are simply too pointed to allow full separation of the two matters. Bad law put in place as a means to directly truncate the liberties of a particular class of people was brought to bear on another distinct but overlapping set of political protesters engaging in behavior included in the previously established ordinances, resulting in still further loss of natural rights by everyone.

We recognize that no-camping ordinances in general and Colorado Springs’s in particular have been thoughtfully crafted to avoid curtailing First Amendment rights. As has been observed, i have every right to express political views at the spot i was arrested for camping, (although the City’s implication that one ought engage in such expression without provision for safety or comfort is of as suspicious motivation as the suggestion that no-camping ordinances apply to all and not merely to those whom they are likely to affect). We argue that nonetheless the no-camping ordinance is unconstitutional because of its inherently discriminatory nature, and contrary to the spirit of American foundational principles, as well as modern ethics.

M.J. and Dan, (the CSPD “Homeless Outreach Team” cops that actually arrested me), have both characterized the City’s ordinance as an important if not now tending toward indispensible “tool” for dealing with the “homeless problem.” The fact that they express their sense of the ordinance’s purpose and use thusly is really just sort of a semantic Freudian slip, but it derives from the same mindset i found at the planning meetings i attended at the United Way wherein “The Homeless” are a problem, rather than “homelessness.” The no-camping ordinance was conceived as and is now being utilized by the C.S.P.D. as a specific means to move the visibly homeless from the aesthetically offended public eye. Although cities including Colorado Springs have avoided utilizing terms such as, “homeless,” that would reveal the unconstitutionally discriminatory nature of similar ordinances, it remains that laws banning necessary, life-sustaining behavior such as sleeping, eating, bathing or storing belongings in public are likely to affect only those members of an economic class that finds itself forced into the targeted behaviors by circumstance. I observed and participated in the process of development when this ordinance was under consideration, and if anyone wants to get up and say it is not aimed directly at the homeless, i’ll stand in open court to call them a liar.

It remains that whether or not one possesses the means to do otherwise, a camping restriction places constraints on a heretofore traditional civil liberty that had been closely entwined with a central thread of American foundational principles. I wrote previously about my perception of the rights involved with camping ordinances as proto-constitutional. A homeless camper’s pursuit of life, liberty, and happiness are at stake in opposition to any restriction, and have been found weightless in the face of public demand for “aesthetic” sophistication, [Joel v. City of Orlando, 232 F.3d 1353 (11th Cir. 2000), cert. denied, 149 L.Ed.2d 480 (2001). Can’t find a free link to this one; it’s summarized here]. We don’t deny that a legitimate tension may exist between societal quality-of-life preferences, (i suspect in these instances this amounts mostly to the quality of perceptions held by the business associations that invariably champion anti-poor-folk laws), but we assert that those ought not carry so much weight as to eliminate the very last of life’s options for those with none other. While it is true that the physical presence of a camper diminishes the ability of others to enjoy the specific space he utilizes, the same is true for any park user at any time given the restrictions of physics. Parks are “first come first served,” to the limits of available space at all times. So, the primacy of uncomfortable business advocates is dubious

If i have a house i can set up a tent in the yard and spend the weekend screwing around out there with my kids. If i have no house i may not do so, not even to stave off frostbite, hypothermia or death, and certainly not as an expression of political sentiment. Ahem. The right to “aesthetic” comfort for the business class currently trumps the rights of the very poor to simply exist. They are required by law to be very poor somewhere out of the line of sight of sensitive society.
If, as is the case with Colorado Springs’s ordinance and others i can’t decline, being forced into “shelter” is the same as incarceration. To further bolster this perspective, the conditions at partially available shelters in Colorado Springs are awfully reminiscent of those at any jail or prison, if not worse by some measures. Also, because i lack the ability to pay a fine, i and others in the same circumstance face incarceration anyhow. All sorts of similar ordinances criminalize necessary behavior. We argue that incarceration or any sort of punishment for carrying out necessary activities where necessary is “cruel and unusual,” and violates the Eighth Amendment to the Constitution. [e.g. State v. Folks. No. 96-19569 MM (Fla-Cir. Ct., Duval County, Nov. 21, 1996)]

The cynical establishment response to the 8th Amendment argument has been to assert that ordinances with provision for forced sheltering and the like cannot be unconstitutional since the force takes place prior to conviction of any crime, i.e., it is not punishment. That gimmick is such bullshit that i had to pause after writing that last sentence to keep my head from exploding! Unlike the 1st Amendment argument, this one is both more pertinent, (IMHO), and not entirely settled. Although the ridiculous semantic tango above has emanated from courtrooms, delivered with straight faces no less, some adjudicators have called a duck a duck, so higher courts may well be influenced against some lower decisions in the future. [State v. Folks, linked above].
Anyway, the deed is done and i am a convicted camper, as we expected from the City court. I have a month from last Friday to file an appeal, which can yet afford hope for change. It remains to be seen how much support exists for this cause. I don’t think i can pursue the thing alone.

Finally, i’ve made suggestions above that i have yet to really substantiate. I’ve been quiet a while, sorting things a bit, but this stuff in my head deserves an explanation. Expect more.

Update August 7, 2012

I just received a call from Cody. Duke’s struggle is at an end. His daddy (Cody) was with him until the end. Unfortunately, treatment got to Duke too late. All we were able to do was ease his suffering in his final month… We see this with humans who find the phoenix tears therapy too late as well. This is a sad day on Kiefair.com… and a sad day for Happy Endings Animal Rescue. At least Duke was as comfortable as he could be. At least his daddy did all he could to save him.

Update July 6, 2012

Here is Dukes file of what I have done so far as to treatment and some updated pictures of Dukes shoulder with the THC oil applied.

I will send you weekly updates.

I was thinking about how Duke is the first to take this sort of treatment and he is sort of a Pioneer to this treatment. I was wondering if you had any Veterinarians in your area that you might be able to contact to see if they had any current patients that the doctor is treating for cancer or not treating for cancer. Some people once their told their dog has cancer they simply let the dog live out their final days at home and they when the dog is in too much pain or can’t get up anymore that’s when the Dr. or Vet put them to sleep. Maybe the Dr. might be willing to let you have the name of one or two patients and you can approach them and offer them a treatment program if they agree to be fully documented as to what happens.

Be aware that the Dr. may not want to participate or be involved or just say no. Use tact and diplomacy to get him to give you the names of a few of his patients currently going through cancer with their pets.

I think if there is two cases going on (Duke and you) then we can compare notes and progress.

It’s just a thought, the more documentation we can present with pictures and video the better we are of having it accepted as a treatment for dogs or cats and eventually people.

Keep sending Duke your prayers,

Cody

Most recent pictures of Duke the Cancer Fighting Dog

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Author’s note*****

Duke’s dad would like everyone to know that if you have multiple dogs, you need to watch the dog being treated for signs that the other dogs are sensing some weakness in your pooch and picking on them for it. Duke lives with a lot of other dogs. We have spoken about methods so that Duke is more alert so he can have more positive interactions with his canine buddies. We have suggested that Duke get most of his internal oil at night time when his pals are more likely to want to lie down and sleep beside him rather than pick on him in play because his consciousness is altered.

________________________________

June 30, 2012

Here is an update on Duke the dog, his owner writes “I am looking more closely at Dukes lump and it seems to feel different. What I mean is, when I would feel his lump before using the THC was hard and seemed attachd to his muscles or meat or bone.

Today for the first time it feels almost like it’s breaking loose from the bone or muscle and becoming looser and moveable. Example, put a baseball under a towel and tighten down the towel to where its hard to roll the ball around. Now loosen up the towel just a bit and notice how the ball seems easier to roll around.
What’s going on?” I replied to him that as long as he keeps the dogs body saturated in THC, then the tumor will devour itself, this process is called “Autophagy”

SAD NEWS…
DUKE OUR GREETER DOG HAS CANCER

For those of you that have been to H.E.A.R. (Happy Endings Animal Rescue) know who Duke is.

He is a Greyhound mix that greets
people when they come by to visit our rescue.

Duke is about 10 years old and over the last few
Months has developed a lump in his left shoulder which is now the size of a Mellon.

I have taken him
him to two of our Vets and both have said that I should just go ahead and put him down and end his suffering.

About 2 weeks ago I read a story about Tommy Chong from Cheech and Chong comedy team and found out
that Tommy Chong has Prostate Cancer and instead of treating it the normal way through chemo and surgery
that he is going to treat it with THC Hemp Oil (also known as: cannibals or marijuana oil). The THC in this plant
is known to cure Cancer.

I contacted the people at Phoenix Tears and explained who we are and all about Duke
I even sent pictures of the tumor and how it’s growing in his shoulder. The person I spoke with (Ronnie Smith)
have provided me with enough Hemp Oil to cure Duke of his Cancer. I am very excited to start treatment which will
take about 3 weeks to complete and hopefully at the end, Duke will be cured of his Cancer and will live a long and happy
Life.

Check back often for updates on his progress as I plan do document the entire treatment.

Cancer in dogs is responsible
for over 60% of the deaths of dogs that die.

Those that get cancer, most of their owners can’t afford the treatment which
could run from $5,000 to $10,000 and gives NO guarantees.

With this documented case on Duke I am hoping to shed a light on
alternate treatment for cancer in dogs and hopefully more people will go this holistic treatment and save more lives.

I have already been given the death sentence from 2 Veterinarians about Duke, so I really don’t have nothing to loose by at
least trying the treatment with the THC OIL. I will take plenty of pictures as to his progress and post them on this website.

WISH DUKE LUCK AND KEEP YOUR EMAILS OF HOPE COMING IN

Treatment is scheduled to start on Monday June 25, 2012
Check back for updates and please keep your donations coming in.

HELP H.E.A.R. GO GREEN WITH YOUR DONATION

As many of you know we are running this Rescue totally off the Grid for over a Year now.
We currently have a few solar panels, some batteries and a generator that helps to run this place.

We could do so much more if we had more solar panels and finished building our water harvesting system.
We are seeking a private individual or Company who can help us finish these projects in the form of a
Grant or Gift. All Donations are Tax Deductible and it could really make life here for the dogs more enjoyable.

Where a Dog – Get’s to be a Dog

Being in a Shelter doesn’t have to mean being in a cage 24/7.
A Temporary Home, Until Their New Forever Home is Found.

HOW WOULD YOU FEEL IF EVERYONE YOU KNEW OR LOVED, LEFT YOU…

“Where would we go if H.E.A.R. should ever close”?
This would be the end of the road for most of us…
Some of us are too old
Some of us have health issues
Some of us have temperament problems from being abused
Some of us are breeds that people are afraid of and
Some of us are the wrong color. (Black Dogs)
H.E.A.R. IS OUR FOREVER HOMEWe are Registered with the State of Tennessee & IRS
To Receive Charitable Donations – EIN# 26-1353836.

Over the Years, we have Received Donations from all acrossAmerica, Canada, Europe and even Australia.